Browse Federal Court JudgmentsBy Judge - Abraham J |
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1. Australian Securities and Investments Commission v Web3 Ventures Pty Ltd [2025] FCAFC 58
| CORPORATIONS – where primary judge held that a product that allowed customers to “loan” specified cryptocurrency in return for interest paid at a fixed rate was a “financial product” because it involved the respondent/cross-appellant: (i) |
| Date: 22 Apr 2025 Judge: O’CALLAGHAN, ABRAHAM AND BUTTON JJ |
2. Ahkeni v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCA 349
| MIGRATION –appeal from decision of the Administrative Appeals Tribunal – where Tribunal affirmed the delegate’s decision to not revoke the cancellation of visa – application of Direction 99 – applicant convicted of using an unauthorised |
| Date: 11 Apr 2025 Judge: ABRAHAM J |
| MIGRATION – judicial review – application for partner visa – appeal against decision of Primary Judge and decision of the Administrative Appeals Tribunal – where Tribunal was not satisfied the appellant had been in a genuine de facto |
| Date: 2 Apr 2025 Judge: ABRAHAM J |
| PRACTICE AND PROCEDURE – application for extension of time to appeal a decision of the Federal Circuit Court of Australia – where delegate of the Minister refused to grant a Student (Temporary) (Class TU) visa – whether the decision of the |
| Date: 27 Mar 2025 Judge: ABRAHAM J |
5. Rai v Minister for Immigration and Multicultural Affairs [2025] FCA 247
| MIGRATION – student visa – application for extension of time to appeal a decision of the Federal Circuit Court of Australia – where the applicant failed to attend – where the applicant was given sufficient notice of the hearing – |
| Date: 24 Mar 2025 Judge: ABRAHAM J |
6. Ultra Tune Australia Pty Ltd v Australian Competition and Consumer Commission [2025] FCAFC 1
| CONTEMPT OF COURT - enforcement of contempt where orders not complied with by contemnor were not endorsed - principles for assessment of damages for contempt - appeal dismissed |
| Date: 28 Jan 2025 Judge: MARKOVIC, LEE AND ABRAHAM JJ |
7. Boral Limited v Parkin [2024] FCAFC 169
| EVIDENCE - appeal from evidentiary rulings - operation of ss 118, 122 and 126 of the Evidence Act 1995 (Cth) ('the Act') - where email from witness ('Exhibit A1') contained eight words alluding to privileged communications from auditors - where |
| Date: 17 Dec 2024 Judge: PERRAM, COLVIN AND ABRAHAM JJ |
8. Nguyen v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCAFC 160
| MIGRATION - appeal from decision of primary judge dismissing application for review of decision of Administrative Appeals Tribunal refusing to revoke visa cancellation - whether primary judge erred in failing to find jurisdictional error by the |
| Date: 12 Dec 2024 Judge: PERRAM, COLVIN AND ABRAHAM JJ |
9. Lehrmann v Network Ten Pty Limited [2024] FCA 1226
| PRACTICE AND PROCEDURE - defamation - security for costs application - stay application - where respondents seek security for costs for appeal - where appellant seeks stay on costs orders below pending outcome of appeal - where appellant impecunious |
| Date: 23 Oct 2024 Judge: ABRAHAM J |
10. Attorney-General (Cth) v Patrick [2024] FCAFC 126
| FREEDOM OF INFORMATION - request for access to an official document of a Minister (the Attorney-General) - where one document (the Document) was within the scope of the request but the request was refused on the basis of two exemptions - where a new |
| Date: 25 Sep 2024 Judge: RANGIAH, MOSHINSKY AND ABRAHAM JJ |
11. Mensink v Registrar of the Federal Court of Australia [2024] FCAFC 124
| CONTEMPT OF COURT - whether the Court lacked jurisdiction because service under an order for substituted service was not effective service - whether submission to jurisdiction applies to contempt proceedings - whether the primary judge erred in |
| Date: 24 Sep 2024 Judge: ABRAHAM, HESPE AND NESKOVCIN JJ |
12. Kisun v New Zealand [2024] FCAFC 118
| EXTRADITION - appeal against decision of a Federal Court judge affirming decision of a Magistrate not to prevent surrender to New Zealand for extradition - HELD: no error established - appeal dismissed with costs |
| Date: 10 Sep 2024 Judge: BROMWICH, ABRAHAM AND HALLEY JJ |
13. Lazarus v Attorney-General (Cth) [2024] FCA 1021
| ADMINISTRATIVE LAW - application for judicial review of parole decision - whether Delegate failed to given proper, genuine and realistic consideration to relevant matters - whether decision gave rise to jurisdictional error - whether decision was an |
| Date: 6 Sep 2024 Judge: ABRAHAM J |
14. Deputy Commissioner of Taxation v Kocic (No 3) [2024] FCA 972
| PRACTICE AND PROCEDURE -- Where leave sought to file an amended originating application and repleaded statement of claim pursuant to r 8.21 of the Federal Court Rules 2011 (Cth) (FCR) -- Where joinder of parties sought pursuant to r 9.05 of the FCR - |
| Date: 29 Aug 2024 Judge: ABRAHAM J |
15. RDYQ v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCAFC 108
| MIGRATION - appeal - where Administrative Appeals Tribunal affirmed Minister's decision not to revoke cancellation of visa -Tribunal determined it was not satisfied that there was "another reason" to revoke the cancellation of appellant's visa under |
| Date: 23 Aug 2024 Judge: MURPHY, ABRAHAM AND MCEVOY JJ |
16. Tax Practitioners Board v Van Dyke [2024] FCA 899
| TAXATION - Civil penalties - admitted contraventions of s 50-5(1) of the Tax Agent Services Act 2009 (Cth) - providing tax agent services while not a registered tax agent - respondent conscious of wrongdoing - respondent continuing to breach the Act |
| Date: 14 Aug 2024 Judge: ABRAHAM J |
17. Hempel (Wattyl) Australia Pty Ltd v United Workers Union [2024] FCAFC 98
| INDUSTRIAL LAW - appeal from South Australian Employment Court - where primary judge found that employer contravened s 50 of the Fair Work Act 2009 (Cth) by failing to pay employees their wages and entitlements in accordance with enterprise |
| Date: 22 Jul 2024 Judge: RANGIAH, SNADEN AND ABRAHAM JJ |
18. Patrick v Australian Information Commissioner [2024] FCAFC 93
| ADMINISTRATIVE LAW - the appellant sought a declaration that the legal limits of the Australian Information Commissioner's authority have been exceeded and his right to an Information Commissioner review unlawfully delayed - where the appellant had |
| Date: 11 Jul 2024 Judge: BROMWICH, ABRAHAM AND MCEVOY JJ |
19. Commonwealth of Australia v Palmanova Pty Ltd [2024] FCAFC 90
| CULTURAL HERITAGE - where "protected object of a foreign country" (the Artefact) purchased by the respondent was, upon its entry into Australia, intercepted under the Customs Act 1901 (Cth) and seized under the Protection of Movable Cultural |
| Date: 5 Jul 2024 Judge: BANKS-SMITH, ABRAHAM AND DOWNES JJ |
| CORPORATIONS - application for leave to proceed against a company in liquidation under s 500 of the Corporations Act 2001 (Cth) - where respondent is in voluntary liquidation - where proceedings allege contraventions of the National Disability |
| Date: 26 Jun 2024 Judge: ABRAHAM J |
21. AZO24 v Commonwealth of Australia [2024] FCA 555
| HIGH COURT AND FEDERAL COURT - application for leave to appeal decision for disqualification of judge on basis of apprehended bias - application refused PRACTICE AND PROCEDURE - application for leave to appeal order that no document be accepted for |
| Date: 28 May 2024 Judge: ABRAHAM J |
22. Nassif v Harbour Radio Pty Ltd [2024] FCA 466
| PRACTICE AND PROCEDURE - reinstatement of proceeding - extension of time under r 1.39 of the Federal Court Rules 2011 (Cth) - self-executing order - dismissal of proceeding - power to extend time where proceeding dismissed - stay of proceeding - |
| Date: 7 May 2024 Judge: ABRAHAM J |
23. Buzadzic v Commissioner of Taxation [2024] FCAFC 50
| TAXATION - where primary judge dismissed an appeal from the Administrative Appeals Tribunal affirming Commissioner of Taxation's decision to disallow objections upon the basis of fraud or evasion, and to impose substantial penalties and shortfall |
| Date: 17 Apr 2024 Judge: BROMWICH, ABRAHAM AND MCEVOY JJ |
24. Deputy Commissioner of Taxation v Kocic (No 2) [2024] FCA 372
| PRACTICE AND PROCEDURE - where leave sought to file an amended originating application pursuant to r 8.21 of the Federal Court Rules 2011 (Cth) (FCR) - where leave sought to file a statement of claim - where joinder of parties sought pursuant to r |
| Date: 16 Apr 2024 Judge: ABRAHAM J |
25. Konebada Pty Ltd ATF the William Lewski Family Trust v Commissioner of Taxation [2024] FCAFC 42
| TAXATION - Goods and Services Tax - where appellant paid invoices rendered by lawyers acting on behalf of individual beneficiaries and certain related entities - where appellant claimed input tax credits in respect of the payment of those invoices - |
| Date: 20 Mar 2024 Judge: PERRAM, ABRAHAM AND BUTTON JJ |
26. Al Muderis v Nine Network Australia Pty Limited (No 4) [2024] FCA 148
| EVIDENCE - defamation proceeding - where respondents led evidence of the applicant's bad reputation - whether evidence is admissible HELD - evidence is admissible |
| Date: 18 Mar 2024 Judge: ABRAHAM J |
27. Walker v Repatriation Commission [2024] FCA 190
| ADMINISTRATIVE LAW - veterans' affairs - veterans' entitlements under the Veterans' Entitlements Act 1986 (Cth) (VEA) - application under s 39B of the Judiciary Act 1903 (Cth) - application for extension of time under r 31.02 of the Federal Court |
| Date: 7 Mar 2024 Judge: ABRAHAM J |
28. Reid v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCAFC 16
| MIGRATION - appeal from decision to dismiss application for judicial review of visa cancellation decision pursuant to s 476A of the Migration Act 1958 (Cth) - whether primary judge erred by finding that Tribunal was not required to consider and take |
| Date: 29 Feb 2024 Judge: O'BRYAN, ABRAHAM AND SHARIFF JJ |
29. Archbishop Makarios Griniezakis v Morelas [2024] FCA 100
| PRACTICE AND PROCEDURE - Rule 2.02 of the Federal Court Rules 2011 (Cth) - section 48 of the Federal Court of Australia Act 1976 (Cth) - application for transfer of proceedings commenced in the New South Wales District Registry to the Victoria |
| Date: 20 Feb 2024 Judge: ABRAHAM J |
30. Al Muderis v Nine Network Australia Pty Limited (No 2) [2024] FCA 136
| PRACTICE AND PROCEDURE - application to set aside subpoenas - objection to the grant of leave to issue further subpoenas - where recipients of subpoenas are said to be journalist's confidential sources - where there exists a court order upholding |
| Date: 20 Feb 2024 Judge: ABRAHAM J |
| MIGRATION - application for extension of time to file and serve notice of appeal - where primary judge dismissed application for judicial review of a decision by the Administrative Appeals Tribunal (AAT) rejecting an application for revocation of a |
| Date: 15 Feb 2024 Judge: SNADEN, ABRAHAM AND CHEESEMAN JJ |
32. Australian Securities and Investments Commission v Taylor [2023] FCAFC 189
| CORPORATIONS - where there is a disciplinary proceeding against an auditor - where there are concurrent criminal proceedings regarding the conduct the subject of the disciplinary proceeding - where the auditor makes an application for a stay of the |
| Date: 6 Dec 2023 Judge: MORTIMER CJ, O'BRYAN and ABRAHAM JJ |
33. Hilton International Australia Pty Ltd v Commissioner of Taxation [2023] FCA 1504
| PRACTICE AND PROCEDURE - Rule 23.01 of the Federal Court Rules 2011 (Cth) - application for Court-appointed expert - where Commissioner has been unable to secure a suitable expert primarily due to potential experts indicating that they are |
| Date: 1 Dec 2023 Judge: ABRAHAM J |
34. Carr v Attorney-General (Cth) [2023] FCA 1500
| CRIMINAL LAW - whether "suicide" in the Criminal Code Act 1995 (Cth) applies to conduct in accordance with, and authorised by, Victorian voluntary assisted dying legislation. CONSTRUCTION - Application for declaratory relief - meaning of "suicide" |
| Date: 30 Nov 2023 Judge: ABRAHAM J |
35. Ryan v Commissioner of Police, NSW Police Force (No 5) [2023] FCA 1478
| COSTS - where matter remitted - where original costs order set aside - whether circumstances justify further apportionment |
| Date: 28 Nov 2023 Judge: ABRAHAM J |
36. Fisher v Commonwealth of Australia (No 2) [2023] FCAFC 181
| PRACTICE AND PROCEDURE - where special case stated for consideration by Full Court under s 25(6) of the Federal Court of Australia Act 1976 (Cth) - whether final orders should be made reflecting the answers to the case stated - proceeding dismissed |
| Date: 22 Nov 2023 Judge: MORTIMER CJ, KATZMANN, CHARLESWORTH, ABRAHAM AND KENNETT JJ |
37. DZW17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 177
| MIGRATION - whether Tribunal misapplied the complementary protection criterion in s 36(2)(aa) of the Migration Act 1958 (Cth), because Tribunal treated appellant's subjective fear of harm as a relevant element of the complementary protection |
| Date: 10 Nov 2023 Judge: PERRY, ABRAHAM AND GOODMAN JJ |
38. Deputy Commissioner of Taxation v Kocic [2023] FCA 1353
| PRACTICE AND PROCEDURE - whether summary judgment under s 31A of the Federal Court of Australia Act 1976 (Cth) should be ordered TAXATION - income tax - application for summary judgment - production of certified copies of assessments and evidentiary |
| Date: 3 Nov 2023 Judge: ABRAHAM J |
39. Micheletto (Trustee) v Butler, in the matter of the bankrupt estate of Walsh [2023] FCA 1330
| BANKRUPTCY AND INSOLVENCY - where property of bankrupt included an interest in a property in Norfolk Island - where entire proceeds of sale of that property were paid to the respondent - where the trustees claim what they contend is the bankrupt's |
| Date: 3 Nov 2023 Judge: ABRAHAM J |
40. Kazal v Thunder Studios Inc (California) [2023] FCAFC 174
| PRACTICE AND PROCEDURE - appeal and new trial - apprehended bias - where some time prior to trial the primary judge found the second appellant guilty of contempt of court and sentenced him to a term of imprisonment - where before trial the |
| Date: 3 Nov 2023 Judge: WIGNEY, WHEELAHAN AND ABRAHAM JJ |
41. Sage v AYI23 [2023] FCA 1336
| CONTEMPT OF COURT - sentencing - contempt of the Australian Criminal Intelligence Commission - contempt punishable as contempt of Federal Court - Respondent in contempt by refusing to answer questions in examination - where respondent pleaded guilty |
| Date: 2 Nov 2023 Judge: ABRAHAM J |
42. Secretary, Department of Health and Aged Care v Vapor Kings Pty Ltd [2023] FCA 1297
| HEALTH LAW - where respondents advertised therapeutic goods that did not comply with the Therapeutic Goods Act 1989 (Cth) (TG Act) - where first respondent has contravened s 42DLB of the TG Act - where second respondent was involved in the first |
| Date: 27 Oct 2023 Judge: ABRAHAM J |
43. Watson v Greenwoods & Herbert Smith Freehills Pty Ltd (No 2) [2023] FCAFC 169
| PRACTICE AND PROCEDURE - form of orders to be made following judgment of the Full Court |
| Date: 18 Oct 2023 Judge: MOSHINSKY, ABRAHAM AND RAPER JJ |
44. Gordon v St Vincent's Hospital Sydney Limited [2023] FCA 1188
| HUMAN RIGHTS - Disability discrimination in employment - where employment terminated - where pleadings deficient - whether respondent failed to make reasonable adjustments for employee - whether any failure to make reasonable adjustments had the |
| Date: 6 Oct 2023 Judge: ABRAHAM J |
45. FEL17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 153
| MIGRATION - whether the primary judge erred in finding that the appellant had been "refused" a protection visa within the meaning of s 48A of the Migration Act 1958 (Cth) - where the Administrative Appeals Tribunal's affirmation of that refusal had |
| Date: 12 Sep 2023 Judge: SNADEN, ABRAHAM AND HALLEY JJ |
46. Diawara v National Australia Bank Limited [2023] FCA 1048
| PRACTICE AND PROCEDURE - legal professional privilege - whether legal professional privilege attaches to a document - where solicitor commissioned third party to produce document on instruction from respondent - whether document was prepared for the |
| Date: 8 Sep 2023 Judge: ABRAHAM J |
47. Watson v Greenwoods & Herbert Smith Freehills Pty Ltd [2023] FCAFC 132
| CORPORATIONS - whistleblower claim under Pt 9.4AAA of Corporations Act 2001 (Cth) - whether s 1644 of the Corporations Act extends application of ss 1317AD and 1317AE of the Corporations Act to detrimental conduct engaged in prior to amendments |
| Date: 30 Aug 2023 Judge: MOSHINSKY, ABRAHAM AND RAPER JJ |
48. Ryan v Commissioner of Police, NSW Police Force (No 4) [2023] FCA 1016
| HUMAN RIGHTS - Disability discrimination in employment - where Full Court ordered matter remitted for rehearing - nature of the remittal - whether revocation of status constituted direct discrimination - characteristics of appropriate hypothetical |
| Date: 25 Aug 2023 Judge: ABRAHAM J |
| BANKRUPTCY AND INSOLVENCY - appeal from decision of Federal Circuit and Family Court of Australia (Division 2) - where transfers made by a person who later became bankrupt from his current account to a loan account held by a company - whether the |
| Date: 23 Aug 2023 Judge: DERRINGTON, ABRAHAM and JACKMAN JJ |
50. Hanson v Burston [2023] FCAFC 124
| DEFAMATION - where comments were made during an oral interview broadcast on national television - where it was pleaded that the interview conveyed imputations that the respondent sexually abused a female staffer in his parliamentary office (fourth |
| Date: 16 Aug 2023 Judge: WIGNEY, WhEELAHAN AND ABRAHAM JJ |
51. EUF20 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 130
| MIGRATION - s 501(3) of the Migration Act 1958 (Cth) - where the Minister determined to exercise his discretion to cancel the appellant's visa - where the primary judge dismissed the application for judicial review of the Minister's decision - |
| Date: 15 Aug 2023 Judge: ABRAHAM, O'SULLIVAN AND RAPER JJ |
52. Saffari v Australian Information Commissioner [2023] FCAFC 127
| ADMINISTRATIVE LAW - privacy - appeal from dismissal of application for judicial review of decision of Australian Information Commissioner (AIC) - where AIC found in favour of appellant and awarded compensation - where appellant sought an order that |
| Date: 10 Aug 2023 Judge: SARAH C DERRINGTON, STEWART AND ABRAHAM JJ |
53. Australian Competition and Consumer Commission v Meta Platforms Inc [2023] FCA 842
| CONSUMER LAW - civil contraventions of Australian Consumer Law ss 18 and 33 - conduct likely to mislead or deceive or liable to mislead the public - where conduct serious - where parties agree on proposed declarations and pecuniary penalty - whether |
| Date: 26 Jul 2023 Judge: ABRAHAM J |
54. Fisher v Commonwealth of Australia [2023] FCAFC 106
| HUMAN RIGHTS - discrimination - special case stated - where applicant an Aboriginal man not yet of the age to qualify for the age pension if Social Security Act 1991 (Cth) is applied according to its terms - where Indigenous men have shorter life |
| Date: 12 Jul 2023 Judge: MORTIMER CJ, KATZMANN, CHARLESWORTH, ABRAHAM AND KENNETT JJ |
55. Australian Securities and Investments Commission v Select AFSL Pty Ltd (No 3) [2023] FCA 723
| CORPORATIONS - conflicted remuneration - consumer law - banking and financial institutions - directors' duties - contraventions by corporate defendants and individual defendant - numerous breaches of Corporations Act 2001 (Cth) and Australian |
| Date: 4 Jul 2023 Judge: ABRAHAM J |
| INSURANCE - proceeding for civil contraventions of Australian Securities and Investments Commission Act 2001 (Cth) and Corporations Act 2001 (Cth) - where conduct serious - where failures involved misleading or deceptive conduct or conduct that was |
| Date: 30 Jun 2023 Judge: ABRAHAM J |
57. Meletsis v Yeo in his capacity as trustee of the bankrupt estate of Karas [2023] FCAFC 93
| TRUSTS AND TRUSTEES - corporate trustee in liquidation - where liquidator assigned company's causes of action against appellants to respondents - whether assigning right, title and interest in causes of action to respondents is limited to the company |
| Date: 16 Jun 2023 Judge: WIGNEY, ANDERSON AND ABRAHAM JJ |
| CIVIL PENALTY - proceeding for civil contraventions of ss 73J and 73V of the National Disability Insurance Scheme Act 2013 (Cth) - where failures involved breach of NDIS Code of Conduct and NDIS Practice Guidelines - where conduct serious - where |
| Date: 14 Jun 2023 Judge: ABRAHAM J |
| INDUSTRIAL LAW - appeal against quantum of penalties - where respondent conceded three grounds of appeal - where primary judge erred in finding homophobic conduct - appeal allowed - redetermination of penalties - where conduct was deliberate and |
| Date: 25 May 2023 Judge: ABRAHAM J |
60. BCK21 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 475
| MIGRATION - judicial review - application for protection visa - appeal from decision of Federal Circuit and Family Court to affirm decision of Administrative Appeals Tribunal - where primary judge found no error by Tribunal considering medical |
| Date: 16 May 2023 Judge: ABRAHAM J |
61. Main v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 446
| MIGRATION - application for extension of time to apply for judicial review of decision of the Minister for Home Affairs - where Minister cancelled the visa of the applicant - whether legal unreasonableness or illogical or irrational reasoning in |
| Date: 11 May 2023 Judge: ABRAHAM J |
62. McEwan v Comcare [2023] FCA 447
| WORKERS' COMPENSATION - appeal from a decision of the Administrative Appeals Tribunal - where Tribunal found applicant not entitled to compensation under the Safety, Rehabilitation and Compensation Act 1988 (Cth) - whether Tribunal was required to |
| Date: 11 May 2023 Judge: ABRAHAM J |
63. Spano v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 389
| MIGRATION - judicial review - application for partner visa - appeal against decision of Administrative Appeals Tribunal - where Tribunal found the visa applicant did not meet the character test in s 501 of the Migration Act - where Tribunal |
| Date: 28 Apr 2023 Judge: ABRAHAM J |
64. Hartley v Commissioner of the Australian Federal Police [2023] FCA 368
| CRIMINAL LAW - search warrant - validity of warrant - whether warrant did not or did not sufficiently state an offence - whether warrant ambiguous - where warrant sufficiently described nature of offence to indicate area of search - where warrant |
| Date: 28 Apr 2023 Judge: ABRAHAM J |
65. Pauga v Chief Executive of Queensland Corrective Services [2023] FCAFC 58
| EXTRADITION - unsuccessful application for a writ of habeas corpus - whether the primary judge erred in finding that 'brought as soon as practicable before' under s 15(1) of the Extradition Act 1988 (Cth) requires physical attendance of person |
| Date: 13 Apr 2023 Judge: WIGNEY, BROMWICH AND ABRAHAM JJ |
66. COR16 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 269
| MIGRATION - judicial review - application for temporary protection visa - appeal against decision of primary judge to affirm decision of Immigration Assessment Authority - where Authority affirmed decision of Delegate of the Minister to refuse visa - |
| Date: 27 Mar 2023 Judge: ABRAHAM J |
67. GWRV v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 39
| MIGRATION - judicial review - application for protection via - appeal against decision of primary judge to uphold decision of the Administrative Appeals Tribunal - where Tribunal refused application for protection visa because it had serious reasons |
| Date: 15 Mar 2023 Judge: JACKSON, ABRAHAM AND FEUTRILL JJ |
68. Lee v Deputy Commissioner of Taxation [2023] FCAFC 22
| PRACTICE AND PROCEDURE - appeal from orders dismissing application for suppression orders under s 37AF of the Federal Court of Australia 1976 (Cth) in relation to the entire court file - where a request for non-party access was made by a journalist |
| Date: 2 Mar 2023 Judge: THAWLEY, STEWART and ABRAHAM JJ |
69. Rana v Australian Information Commissioner [2023] FCAFC 17
| ADMINISTRATIVE LAW - appeal from orders by a single judge of the Court dismissing an application for judicial review of a decision by the delegate of the Australian Information Commissioner not to investigate a complaint by the appellant pursuant to |
| Date: 23 Feb 2023 Judge: BROMWICH, CHARLESWORTH AND ABRAHAM JJ |
70. Sirajuddin v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 116
| MIGRATION - judicial review - application for student visa - appeal against decision of Primary Judge to uphold decision of the Administrative Appeals Tribunal - where Tribunal found it lacked jurisdiction to review decision of Delegate of the |
| Date: 22 Feb 2023 Judge: ABRAHAM J |
71. Bingham v Boensch [2023] FCA 117
| BANKRUPTCY AND INSOLVENCY - appeal from decision of the Federal Circuit and Family Court of Australia - where primary judge ordered bankruptcy notice be set aside on the basis that costs determination did not reflect debt in truth owed - where |
| Date: 22 Feb 2023 Judge: ABRAHAM J |
72. Australian Competition and Consumer Commission v Employsure Pty Ltd [2023] FCAFC 5
| CONSUMER LAW - appeal by regulator against civil penalty imposed by primary judge for manifest inadequacy - where penalty discretion miscarried and may be re-exercised by appellate court - where errors in findings of primary judge - where cases with |
| Date: 8 Feb 2023 Judge: RARES, STEWART AND ABRAHAM JJ |
73. Gold Titan Pty Ltd v Lopez (No 3) [2022] FCA 1426
| DAMAGES - assessment of damages for breach of contractual obligation of confidentiality and equitable obligation of confidence - assessment of damages under s 236 of the Australian Consumer Law - where matter remitted to primary judge for further |
| Date: 30 Nov 2022 Judge: ABRAHAM J |
74. DTO21 v Australian Crime Commission [2022] FCAFC 190
| CONTEMPT OF COURT - refusal by appellant to answer certain questions in Australian Crime Commission examination - refusal constituted contempt under s 34A(a)(ii) of the Australian Crime Commission Act 2002 (Cth) - appellant sentenced to 12 months' |
| Date: 30 Nov 2022 Judge: WIGNEY, BROMWICH AND ABRAHAM JJ |
75. Sampson in his Capacity as Trustee for the Bankrupt Estate of Tannous v Tannous [2022] FCA 1427
| TRUSTS AND TRUSTEES - where trustee in bankruptcy seeks orders for appointment of trustees of sale - where bankrupt's share in property in question said to be held on trust for other registered proprietor in equal shares - where presumptions of |
| Date: 30 Nov 2022 Judge: ABRAHAM J |
| MIGRATION - appeal from judgment affirming decision of Administrative Appeals Tribunal affirming decision of Minister's delegate not to revoke mandatory cancellation of a visa under s 501CA - whether Tribunal failed to apply Direction 90 in not |
| Date: 29 Nov 2022 Judge: BURLEY, THOMAS AND ABRAHAM JJ |
77. Commonwealth Director of Public Prosecutions v Joyce [2022] FCA 1423
| CRIMINAL LAW - sentencing - cartel conduct - offender pleaded guilty to aiding, abetting, counselling, procuring or being knowingly concerned in two offences of giving effect to a cartel provision and one attempt of attempting to make a contract, |
| Date: 29 Nov 2022 Judge: ABRAHAM J |
78. Commonwealth Director of Public Prosecutions v Alkaloids of Australia Pty Ltd [2022] FCA 1424
| CRIMINAL LAW - sentencing - cartel conduct - corporate offender pleaded guilty to two offences of giving effect to a cartel provision and one offence of attempting to make a contract, arrangement or understanding containing a cartel provision - |
| Date: 29 Nov 2022 Judge: ABRAHAM J |
79. Walker v Members Equity Bank Ltd [2022] FCAFC 184
| STATUTORY INTERPRETATION - proper construction of s 12GB(6) of the Australian Securities and Investments Commission Act 2001 (Cth) - s 12GB(6) provides prosecution of relevant offences "may be commenced within 3 years after the commission of the |
| Date: 28 Nov 2022 Judge: WIGNEY, LEE AND ABRAHAM JJ |
80. Australian Competition and Consumer Commission v NQCranes Pty Ltd [2022] FCA 1383
| COMPETITION - proceeding for civil contraventions of cartel provisions in Div 1 in Pt IV of the Competition and Consumer Act 2010 (Cth) - whether appropriate for court to make declarations of contraventions, impose civil penalties and order |
| Date: 23 Nov 2022 Judge: ABRAHAM J |
81. National Disability Insurance Agency v KKTB, by her litigation representative CVY22 [2022] FCAFC 181
| ADMINISTRATIVE LAW - National Disability Insurance Scheme - three Tribunal decisions in relation to reasonable and necessary supports for individuals with severe to profound disabilities - level of support required from registered nurses as opposed |
| Date: 17 Nov 2022 Judge: MORTIMER, THAWLEY AND ABRAHAM JJ |
| MIGRATION - whether leave should be granted to admit fresh evidence on appeal - where fresh evidence cannot be adduced on review to demonstrate an error of fact by the decision maker nor to turn the application in this Court into a merits review - |
| Date: 15 Nov 2022 Judge: ABRAHAM J |
| MIGRATION - mandatory visa cancellation under s 501(3A) of Migration Act 1958 (Cth) - application for judicial review of respondent's decision under s 501CA of Migration Act 1958 (Cth) not to revoke original cancellation decision - primary judge |
| Date: 3 Nov 2022 Judge: WIGNEY, ABRAHAM AND ROFE JJ |
84. AZAFF v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCAFC 176
| MIGRATION - application for an extension of time in which to appeal decision of the (then) Federal Circuit Court - r 36.05 of the Federal Court Rules 2011 (Cth) -- where the primary Judge dismissed an application for review of a decision of the |
| Date: 2 Nov 2022 Judge: COLLIER, FARRELL AND ABRAHAM jJ |
85. Ahmad v Attorney-General (Cth) [2022] FCA 1270
| ADMINISTRATIVE LAW - judicial review of decision of a delegate of the Attorney-General of the Commonwealth of Australia - where delegate revoked applicant's parole pursuant to s 19AU(1)(b) of the Crimes Act 1914 (Cth) and without notice pursuant to |
| Date: 27 Oct 2022 Judge: ABRAHAM J |
86. Australian Securities and Investments Commission v Commonwealth Securities Limited [2022] FCA 1253
| BANKING AND FINANCIAL INSTITUTIONS - proceeding for civil contraventions of Corporations Act 2001 (Cth) and Australian Securities and Investments Commission 2001 (Cth) - whether appropriate for court to make declarations of contravention, impose |
| Date: 25 Oct 2022 Judge: ABRAHAM J |
87. DCL22 v Sage [2022] FCA 1310
| PRACTICE AND PROCEDURE - public interest immunity - where documents produced pursuant to notice to produce are redacted - where documents include written reasons for the issue of a summons under s 28(1) of the Australian Crime Commission Act 2002 |
| Date: 10 Oct 2022 Judge: ABRAHAM J |
88. Grunsell v Ceerose Pty Ltd [2022] FCA 1130
| APPEAL AND NEW TRIAL - application for extension of time and leave to appeal from a decision of the Federal Circuit Court of Australia - where the Federal Circuit Court of Australia dismissed the application alleging contraventions of ss 44(1) and |
| Date: 27 Sep 2022 Judge: ABRAHAM J |
89. Swancom Pty Ltd v The Jazz Corner Hotel Pty Ltd [2022] FCAFC 157
| TRADE MARKS - appeal - infringement - deceptive similarity - whether, in determining deceptive similarity, the primary judge erred in not taking into account the factual distinctiveness of the appellant's marks at their respective filing dates - |
| Date: 13 Sep 2022 Judge: YATES, ABRAHAM AND ROFE JJ |
| MIGRATION - appeal from decision of the Administrative Appeals Tribunal - where Administrative Appeals Tribunal affirmed delegate's decision to refuse application for protection visa - whether Tribunal erred in its understanding of reference to "the |
| Date: 8 Sep 2022 Judge: ABRAHAM J |
91. DMH20 v Minister for Home Affairs [2022] FCA 1054
| MIGRATION - application for declaration that not reasonably practicable to remove unlawful non-citizen from Australia in reasonably foreseeable future - where evidence establishes reluctance of home country rather than refusal to accept applicant - |
| Date: 8 Sep 2022 Judge: ABRAHAM J |
92. Coates-Kelly v New Zealand [2022] FCAFC 131
| PRACTICE AND PROCEDURE - interlocutory application for leave to withdraw admissions made before the primary judge and magistrate - application made pursuant to rr 26.11 or 1.32 of the Federal Court Rules 2011 - where appellant contends admissions |
| Date: 16 Aug 2022 Judge: LOGAN, ABRAHAM AND O'SULLIVAN JJ |
93. Beckett v Tax Practitioners Board [2022] FCA 930
| ADMINISTRATIVE LAW - termination of tax agent registration - appeal from Tribunal's decision affirming decision of the Tax Practitioners Board terminating the applicant's tax agent registration - where Board found applicant is not a "fit and proper" |
| Date: 12 Aug 2022 Judge: ABRAHAM J |
| MIGRATION - appeal from the decision of the Federal Court of Australia - where the Federal Court dismissed the application for review of the decision of the Administrative Appeals Tribunal - where the Administrative Appeals Tribunal affirmed the |
| Date: 9 Aug 2022 Judge: YATES, ABRAHAM AND MCELWAINE JJ |
95. Elvin v Fair Work Ombudsman [2022] FCA 881
| PRACTICE AND PROCEDURE - application for extension of time and leave to appeal - where no relevant judgment means court does not have jurisdiction - where leave to appeal not granted from orders interlocutory in nature - application refused |
| Date: 29 Jul 2022 Judge: ABRAHAM J |
| MIGRATION - appeal from decision of the Administrative Appeals Tribunal - where Administrative Appeals Tribunal affirmed delegate's decision not to revoke mandatory cancellation of visa - whether process of weighing considerations set out in |
| Date: 29 Jul 2022 Judge: ABRAHAM J |
| MIGRATION - appeal from decision of the Administrative Appeals Tribunal - where Administrative Appeals Tribunal affirmed delegate's decision to refuse application for conferral of Australian citizenship - whether Tribunal misconstrued the phrase |
| Date: 19 Jul 2022 Judge: ABRAHAM J |
98. DJC21 v Medical Board of Australia [2022] FCA 832
| PRACTICE AND PROCEDURE - where applicant applies for leave to rely on a further amended originating application - where granting of leave depends on issue of whether each of the respondents are a "qualifying body" within the meaning of s 19 of the |
| Date: 19 Jul 2022 Judge: ABRAHAM J |
99. Logic Accountants & Tax Professionals Pty Ltd v Tax Practitioners Board [2022] FCA 830
| ADMINISTRATIVE LAW - termination of applicants' tax agent registrations - where applicants breached Code of Professional Conduct and found by the Tax Practitioners Board to not be "fit and proper" - where complaints of the Tribunal's decision relate |
| Date: 19 Jul 2022 Judge: ABRAHAM J |
| MIGRATION - mandatory cancellation of partner visa - where applicant convicted of rape - where applicant did not pass character test in s 401(1) of the Migration Act 1958 (Cth) - application for judicial review - where applicant has not established |
| Date: 19 Jul 2022 Judge: ABRAHAM J |
